[Code of Federal Regulations] [Title 29, Volume 4] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1625.5] [Page 324] TITLE 29--LABOR CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PART 1625_AGE DISCRIMINATION IN EMPLOYMENT ACT--Table of Contents Subpart A_Interpretations Sec. 1625.5 Employment applications. A request on the part of an employer for information such as ``Date of Birth'' or ``State Age'' on an employment application form is not, in itself, a violation of the Act. But because the request that an applicant state his age may tend to deter older applicants or otherwise indicate discrimination based on age, employment application forms which request such information will be closely scrutinized to assure that the request is for a permissible purpose and not for purposes proscribed by the Act. That the purpose is not one proscribed by the statute should be made known to the applicant, either by a reference on the application form to the statutory prohibition in language to the following effect: The Age Discrimination in Employment Act of 1967 prohibits discrimination on the basis of age with respect to individuals who are at least 40 years of age,'' or by other means. The term ``employment applications,'' refers to all written inquiries about employment or applications for employment or promotion including, but not limited to, r[eacute]sum[eacute]s or other summaries of the applicant's background. It relates not only to written preemployment inquiries, but to inquiries by employees concerning terms, conditions, or privileges of employment as specified in section 4 of the Act. [46 FR 47726, Sept. 29, 1981, as amended at 53 FR 5972, Feb. 29, 1988]